Abstract: The author analyzes the forms of participation of the Russian state in the economic relations at the current stage. The article provides that the state participates in economic relations - (1) directly (via its organs); (2) via special legal entities, which are formed and managed by the state; (3) via other legal entities due to their special status or according to a contract. The second and third groups of subjects provide for indirect implementation of the functions of the state. The second category includes state unitary enterprises, commercial companies with state participation, state institutions, state companies and state corporations. The principal specific feature of the subjects in the third group is that they perform publicly valuable functions, being private law entities both in their form and in their nature; however, there is no constitutional provision for such delegation in Russia. Based on the above-mentioned analysis the author offers to amend the legislation.

Keywords: constitutional law, state, functions of the state, economic relations, economic system, state bodies, public partnership, state corporation, public property, public interests.

Abstract: The municipal self-government is a complicatedly organized system, including three levels: self-organization, self-administration, and administration within the structural relations. The synergetic effect, which guarantees the ability of the system to adapt to the environment is caused by an efficient mutual exchange of information and energy both within the system and with the environment as such.

Keywords: political science, system of local self-government, self-organization, self-administration, administration, dissipative structure, territorial social self-government, social organization, local self-government bodies, forms of direct implementation by the people.

Abstract: This article is devoted to status of individual entrepreneur with limited liability as one of the most interesting and unusual forms of economic activity, which was introduced into the French law in 2010 in order to support the development of small and medium-scale entrepreneurship in France. Much attention is paid by the author to the specific features of institution of individual entrepreneur with limited liability in comparison with other forms of economic activity in the French law and means of protection of personal property of an entrepreneur. The article contains three paragraphs. The first paragraph deals with the causes and prerequisites for the reform of the legal status of individual entrepreneur in France. The second paragraph is devoted to the studies of definition and key features of individual entrepreneur with limited liability. The third paragraph includes analysis of the results of three years of existence of the above-mentioned legal institution and perspectives for its development. The author provides a detailed study of a wide range of legal sources, including Civil and Trade Codes of France, the norms of the French Law of June 15, 2010 “On individual entrepreneur with limited liability”.

Keywords: civil law, trade law, individual entrepreneur, limited liability, legal entity, isolated property complex, legislation, register, registration of individual entrepreneurs, entrepreneurial activity.

Abstract: Along with the changes in the territorial basis for the municipal self-government in the constituent subjects of the Russian Federation, there appears a practical need to change administrative territorial structure. Its implementation calls for establishing correlation of the powers of the state bodies of the constituent subjects to make independent decisions on it administrative and territorial structure and the imperative requirements of the legislation on municipal self-government. It is pointed out in the article that there’s certain autonomy in the process of changing administrative and territorial structure, when an administrative territorial unit includes territory of several municipal units. One of the most important challenges for the developing Russian statehood is to overcome alienation between a citizen and the state. The author evaluates the issues of regulations on administrative territorial structure of the constituent subjects of the Russian Federation and the procedures of evaluation of the public opinion on the changes in administrative and territorial structure. Based on the results of the analysis, the author notes that the regulations are not sufficiently uniform and they have weak conceptual framework, both in their contents and legal technique, requiring broadening. This matter makes involvement of the federal legislator into the process of legal regulation of the administrative and territorial structure of the constituent subjects of the Russian Federation so topical.

Keywords: administrative and territorial structure, constituent subjects of the Russian Federation, imperative referendum, consultative referendum, public hearings, conferences, meetings, gatherings, human rights, municipal self-government.

Abstract: The article is devoted to the problem of development and practical implementation of the large scale constitutional modernization program in the Great Britain. Central attention is paid to two of its aspects – transfer of some powers from the center to the regional organs within the devolution program, as well as the reform of the House of Lords. The author analyzes a complex of various causes, which resulted in the need to correct a constitutional legal mechanism of the United Kingdom, he also provides the analysis of attitude of the key political parties, inner groups within such parties and movements to these changes. The author also studies the history of representation of the regions of the state in the higher chamber of the British Parliament, the changes which already took place and the perspectives and directions for the further modernization of the state government mechanism. The close connection and interdependence of the changes is being noted. The growing regionalization demands formation of the new type of relations with the central government, and it makes the problem of revision of principles of formation and powers of the higher chamber of the Parliament especially topical, it also requires correction of an election system.

Keywords: the Great Britain, constitutional reforms, the House of Lords, devolution, regionalization, nationalism, political strife, the Conservators, the Tory, the Labour, representation.

Abstract: The institution of dual citizenship causes humanitarian and political frictions and political legal collisions due to the differences in the amount of freedoms and rights, which dual nationals may really have at the place of their residence and to which they are entitled under the laws of their (ethnical, etc.) motherland, citizenship of which they still have. Due to this issue, in last 150 years the practice of the international relations tends to avoid application of the dual citizenship, and if it is not possible to entirely avoid it – to use it based on bilateral treaties. This is especially relevant within the context of regional integration processes and political – humanitarian security of the “new democracies” (including Russia and Ukraine). Moreover, in the complicated post-Soviet reality, which is made even more difficult by the ethnic and national conflicts in the Trandniestria and the Caucasus, the problem of dual citizenship as a national security factor has at least three dimensions: political legal; social political and European integration.

Keywords: political science, citizenship, state, security, dual nationals, integration, collision, globalization, Europe, law.

Abstract: The article includes analysis of special subjects of fighting extremist crime, their functions and powers in the sphere of prevention of extremist crimes. It is pointed out, that it is necessary for the special subjects to fight extremist crimes due to the numerous crimes of such nature being currently committed.

Keywords: jurisprudence, extremism, subjects, fighting, power, prosecution, courts, politics, crimes, state.

Abstract: In order to efficiently fight tax crimes, it is first of all necessary to develop legislative basis, which would meet the needs of the existing reality of implementation and development of economic activities. The above-mentioned matter is especially topical in regard to the formation of the current legislation of the Russian Federation on criminal responsibility for the crimes against the established order of payment of taxes and levies. This article is devoted to the above-mentioned issue.

Keywords: jurisprudence, formation, legislation, tendency, taxes, levies, taxpayer, crime, accused, responsibility.

Abstract: The article is devoted to the topical problem regarding improvement of norms on the types of co-participation in crimes. The author evaluates the issue of qualification of intermediary acts in bribery. It is offered to amend the Criminal Code of the Russian Federation by adding an intermediary as a separate type of co-participator in crime. The author shows the necessity to also introduce a provoker as a new type of co-participator in crime .The author offers a novel draft of Art. 33 of the Criminal Code of the Russian Federation with an added paragraph 6. He also shows the advisability of amending the Criminal Code with a novel Art. 304.1

Keywords: jurisprudence, co-participation, punishment, instigator, accomplice, perpetrator, intermediary, qualification, bribe, provoker.

Abstract: The article is devoted to the analysis of specific features of technology transfer to the developing states, which is traditionally enshrined in international documents and doctrine as technology transfer for the development purposes. The author evaluates three aspects of this issue. The first aspect presupposes analysis of legal bases for the access of developing states to the scientific and technical achievements. The most deep-rooted basis for it is their right for participation in scientific and technical progress and practical use of its results. The institution of international technology transfer serves as means of implementation of this right. Characterizing the functions of this institution, the author of this article points out its contradictory character. It means that technology transfer does not fully facilitate scientific and technical innovative potential of the developing states. As a result, the global technological gap is being preserved. At the same time, it does not conform to the provisions of the modern international law (both hard and soft law), providing for the right of developing states to the access to technologies achieved by scientific and technological progress. Much analysis is devoted to the second aspect, which includes characteristic features of rights and obligations of developed and developing states within the framework of their scientific and technological cooperation. This peculiarity is shown as lack of symmetry, reflecting inequalities of potentials, but providing for a large amount of rights for the developing states. At the same time, one of the modern tendencies is recognition for the responsibility of developing states for their scientific and technological development. This issue serves as a basis for the correction of the principle of assisting the scientific and technological development of developing states, which is the third aspect of analysis by the author of this article. The author analyzes specific empiric materials in order to reflect the degree of implementation of international treaty provisions on technology transfer to the developing states. The main conclusions provided in this article include recognition for the need to develop mechanisms of technology transfer, which would strengthen scientific and technical potential of developing states.

Keywords: scientific and technical progress, globalization, developing states, development assistance, human rights, scientific and technical potential, development financing, technology transfer, technological gap, right for development.

Abstract: The Constitution of the Russian Federation formed the basis for the market economy. Anti-monopoly law (or competition law, as some authors call it) is one of the most efficient instruments for its development in our state. This article provides a brief excursus into the history of formation and development of the Russian legislation on competition protection, and it connects its development directly to the development of a mature market economy.

Keywords: jurisprudence, anti-monopoly, concentration, competition.

Abstract: This article is devoted to the definition of the legal force of final decisions of the ECHR. The first part of the article provides for the definition of the practice of the EHCR, as well as distinction between the final decisions and other forms of objective activities of the ECHR. The second part or the article provides for the structural non-uniformity of the decisions of the ECHR, the author establishes the legal force of the positions on the fair compensation (a); interpretation of the norms of the European Convention on Human Rights (b); and on the established facts in a case (c).

Keywords: jurisprudence, ECHR, decision, interpretation, European Convention on Human Rights, res interpretata, precedent, interaction, reporting, res judicata

Abstract: The Russian non-commercial organizations, and associations of distributors and importers in particular have some potential in the sphere of optimization of the state decision-making. The article evaluates the perspectives for the development of civil society in Russia taking think tanks as an example. The intermediary functions, expert evaluation and facilitation of communication processes among small-scale and medium-scale businesses, which are performed by non-commercial organizations, are key characteristic features of think tanks. At the same time it is obvious that the forming institutions should correspond with the Russian national, cultural and historical experiences. In fact, functioning of the think tanks in Russia is a form of lobbying activity, which may be institutionalized in the future. The authors have a goal to make an impact on the overcoming of the existing skeptical evaluations of the dynamics of development of the civil society. Taking a specific example of the Association of Distributors and Importers of Construction and Decoration Ceramics, the authors prove that non-commercial organizations in Russia have certain potential in the sphere of state decision-making and making the democratic transit as a whole more efficient.

Keywords: civil society, lobbying, think tank, non-commercial organizations, small-scale business, medium-scale business, state decision-making, communication, expert evaluation, intermediary, conflict settlement.

Abstract: This article concerns the legal problems, arising from forceful termination of rights to the plots of land, as well as the problems regarding correlation of public and private interests in the sphere of construction of power industry objects. The problem of implementation of provisions as enshrined in the Art. 36 p.2 of the Constitution of the Russian Federation, which establishes the limitations to the rights of the owner regards the artificial limitation of the range of entities and persons, whose rights of ownership, use and disposition may be limited According to this norm of the Constitution only the owners may be limited in implementation of their rights. However, when interpreting this norm of the Constitution of the Russian Federation, the author offers to use the presumption of state ownership of the plot of land (the legal impossibility of existence of unowned lands under the Russian law), as well as the presumption of guilt, which allows to bring to responsibility a person who in fact causes harm to the lawful interests of undefined range of persons, while not owning a source of increased danger. The article also concerns the legal regulation of relations arising due to seizure of plots of land due to the future Olympic games in Sochi. As a result of widening of the Sochi territory, construction and reconstruction of residential and non-residential premises a number of power industry objects ended up within the construction area. The plots of land should be seized for state (municipal) needs, however, it is not possible in accordance with the current norms of the Federal Law N. 310-FZ, providing for the possibility of such seizure in order to build (construct) Olympic objects only. From the point of view of the author, the Federal Law of December 1, 2007, N. 310-FZ ‘On organization and holding of the XXII Winter Olympic Games and XI Paralympics Winter Games of 2014 in the city of Sochi, development of the city of Sochi as a mountain climate resort and amendments to the certain legislative acts of the Russian Federation” did not form any additional legal grounds for the forceful termination of the rights to plots of land, but it did introduce some specific elements into the procedure of termination of right, since this law is a lex specialis in respect to both the Civil Code and the Land Code of the Russian Federation, and its provisions have a priority.

Keywords: power industry, proprietary right, plot of land, Olympic games, lawful interest, public interest, ownership, land-users, rent, source of increased danger.

Abstract: The article includes analysis of the environmental policy as well as the legal regulation in the sphere of industrial production and consumption waste treatment at the federal and regional level. The author points out the shortcomings in the federal legal regulation, provides analysis of the possible amendments to the federal legislation on waste, and analyzes regional legislation in this sphere. The legal basis for the treatment of industrial production and consumption is provided for by the Federal Law of July 24, 1998 N. 89-FZ “On industrial production and consumption waste”. However, while its provisions were novel in the 1990s, currently this law fails to resolve the topical problems in this sphere. Its provisions do not meet the challenges of the current environmental situation in Russia. Many of its provisions do not correspond with the modern international, European and foreign legislation. The contents of federal legislation on waste is developed, complemented and specialized within the constituent subjects of the Russian Federation. More than 30 constituent subjects have passed regional normative legal acts in the sphere of waste treatment, which is quite valuable, since it is impossible to have a uniform law, which would take into account specific features of all of the constituent subjects of the Russian Federation.

Keywords: environmental policy, waste, federal legislation, regional legislation, environment, natural resources, economic mechanism, use of waste, cost-effective use of resources, best technologies.

Abstract: The last quarter of the XIX century became a stage of a new quality in the history of the Russian – Scandinavian trade. The basis for the mutually profitable trade and economic relations between Russia and the Northern European states was formed by bilateral trade treaties, which were based on the provisions of European law on foreign trade. At the same time in practice the Russian government often passed legislative acts “on an occasion” based on the market conjuncture and protectionist approaches. The legal regulation of the foreign trade of Finland, which had considerable autonomy in the Russian Empire, had some specific features. By the end of the century the customs and tariff legislation of the Russian Federation mostly abolished the artificial barriers for the movement of goods, and made the foreign trade operations with Scandinavia easier.

Keywords: jurisprudence, Russia, Scandinavia, trade, tariffs, regulation, export, import, legislation, protectionism.

Abstract: The article provides evaluation of theoretical and practical problems regarding the ability of institutions and unitary enterprises to take legally valid actions upon consent of the owner of their property. The author discusses the issues on elements of consent and cases, when such consent is needed.

Keywords: jurisprudence, autonomy, non-owner, legal entity, institution, unitary enterprise, agreement of an owner, form of agreement, substantial conditions, autonomy protection.

Abstract: The processes of development of the state as a main subject of international public law is inseparably connected to the evolution of sovereignty theory. This article studies the key provisions of the sovereignty theory in accordance with the teachings on state based upon analysis of the scientific works of German scientists of XVII – XIX centuries. The authors follow the connection between the types of state and their classification and the forms of limitations to sovereignty. As for the theory of state sovereignty, the authors note that sovereignty as one of the characteristic features of the state is variable in its form, since it is connected with the legal capacity of the state. But since under the general theory of law only the rights may be divided, and not the legal capacity itself, the idea of invisible sovereignty becomes obvious. Therefore, depending on the goals of the state in the spheres of its domestic and foreign policy, the types of sovereignty change, and the sovereignty itself remains an inalienable characteristic feature of a state. From the practical standpoint the lack of balance between legal and political elements of sovereignty in the foreign relations often depends on inner factors and outer influences from the other subjects of international law.

Keywords: Germany, power, state, natural law, sovereignty, concept of international law, protectorate, right of way, condominium, legal positivism

Abstract: The article is devoted to the study of the issues regarding the approach of German lawyers to doctrine as one of the sources of international law. The German legal system does not recognize doctrine as a formal source of law, but it is recognized as a existing accessorial source of law, which possesses de facto influence on it. The influence of doctrines of the most highly regarded scholars on the formation of the norms of international law may be implemented in various ways, and it may be reflected in the decisions of international court as means of peaceful resolution of disputes, in signing of international treaties, and in exceptional circumstances based upon the generally accepted positions on the formation of such norms, as well as in unilateral statements of heads of the state. The author correlates legal, ideological and political aspects of doctrine. He studies evolution of this source of law based upon scientific works of German lawyers of XVII – XIX centuries. He analyzes the doctrines of “external state law”, “eternal peace”, “ formation of international legal obligations out of wrongful acts”, etc. The author concludes that the modern international law may be characterized by formation of a large number of doctrines and interpretations in order to establish the generally valid norms of international law, and the growing number of contradictions in the international legal norms is what follows from it. Taking into account that each of those persons interpreting the norms (consciously or unconsciously) supports the position, which is profitable for his state or political government, the role of doctrine is being forfeited.

Keywords: Germany, German concept, eternal peace, external state law, doctrine, ideology, law, politics, source of law, realism.